Monday, June 13, 2011

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jasmin45

08-10 07:33 PM

Hello everybody, How will this work for my wife (who is on H4 now)? If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back. Or MUST my wife also be present in US to file the I140/485? Pls advice.

thanks, -Prasad Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.

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RollingStone12

04-25 02:06 PM

yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;

A HOLE

Then why you live here...pack your bags you Big A Hole.

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jasmin45

08-18 12:14 PM

EAD is not a valid status..just a document which provides you authorization to work in united states. There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.

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go_guy123

12-06 09:15 AM

in politics everything is give and take + "my side needs to get the best deal" attitude.

I am conflicted about Dream.

On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.

Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.

Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.

Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

Gurus any answers on this is deeply appreciated.

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varakur

08-10 07:41 PM

Thanks Jasmine/lacrossegc/etal,

Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,

Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

thanks so much, -Prasad PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.

I'm in the same position as yourself - TN currently, H1 approved for Oct 1. Even if my visa # becomes current, I am waiting until Oct 1 to file 485, so that I'll be on H1 at that point and I don't have to risk being out of status for even 1 second (in the eyes of USCIS) btwn TN & HI taking effect. I am planning a trip home early August, so I only have to wait an additional 1.5 months for that peace of mind-open visa # window, pending... Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD. Again, just my weekend warrior opinion! Best wishes with it, at any rate! Fitz

Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.

I hope IV will take care of this situation.

But please look at the first post in the thread requesting faxes to be sent. It clearly mentions our strategy of sending a generic faxes and letting QGA become more specific during their meetings

Also, we have had a ton of meetings with different senator's staff in DC (can't reveal their names as that would jeopardize our goodwill) where specifics were conveyed/discussed

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bluekayal

09-19 02:17 PM

I am in a tricky situation. Filed concurrent I-140 and I-485 (Schedule A Group 2..exceptional ability in the arts and science) ... 8/2006. In the meanwhile a labor cert as well- PD 8/ 2004 was approved in 2006 and I recieved an updated I-140 using the old priority date, ie. 2004. Now after 2 years the TSC is adamant that my PD is 2006 not 2004 and have given me yet another "corrected" I-140 with 2006 PD.

One lawyer said I could cite "affirmative misconduct" and request the supervisor of the I-140 section to consider and accept the late filing on the basis of affirmative misconduct. If not for the earlier I-140 with 2004 PD we would have filed another I-140. So their affirmative mistake cost us 2 years in a category so backlogged already. (I am EB 2 India).

My lawyer says we will not win and does not want to do it. Any advice?

my knowledge is also limited... but from my J1 days this is what i understood:

J1 is NOT a dual intent visa. All J1 have some requirements to fulfill before applying for GC For physicians it is a 2 yr Home requirement OR underserved area practice For researchers etc a No objection is needed from the home country for a waiver Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected. Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.

hope that's helpful.

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kothuri

06-09 11:35 AM

Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.

-Sri

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PavanV

04-20 04:34 PM

Really tragic, I noticed the cause of death was suicide by asphyxiation, they found a plastic bag around his head ?, that totally seems suspicious to me, an IITian will have a tons of job offers in India, so if finances were his problem that is ruled out, love problems ?, sad to see a 23 year old kid pass away like this.

chi_shark

06-24 04:28 PM

i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.

If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay. Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?

coopheal

12-17 03:30 PM

Dates were current till 2005. USCIS and its previous incarnation didn't even finish cases from 2001. Even in 2007 all blow out sale they didnt complete older cases. Also all along they kept on wasting visa as well.

Ideally these would be considered as severe circumstances and USCIS/Congress/Administration would work on getting us some relief because we would make such huge noice for this.

Oh wait.... we are highly skilled GC aspirants.... we won't contribute and won't participate in various IV efforts. We would rather come over here blame core for our situation.